La Ola will be joined by 7 other property owners in front of a State Administrative Hearing Judge on January 7th as the Town of Fort Myers Beach goes after these properties to remove trailers and conex storage boxes. Here’s who the town has targeted.
For nearly a month now La Ola in Times Square was the only property on the town’s target list. The popular restaurant and bar has been operating out of shipping containers and food trucks since shortly after Hurricane Ian. The property is owned by Chris Primeau and his family. FEMA has told the town La Ola can no longer operate in Times Square being that it is on ground level and is in the high velocity zone. La Ola owner Thomas Houghton was hoping to be able to operate through this season to help recoup some of the financial losses he’s suffered after losing his business.
In addition to La Ola, Sun & Fun Rentals is now in the crosshairs of the town. Sun & Fun is operating its business out of shipping containers on Estero Boulevard where the former Liki Tiki bar and restaurant stood before Hurricane Ian. The business is owned by Steve Larson
Mike and Dawn Miller, owners of the new Whale appear to have made the list. 1249 Estero Boulevard is on the state docket. The Miller’s have been using a storage box on their property as they rebuild the iconic Whale restaurant which was a total loss in Ian. The new restaurant is expected to open in the Summer of 2025.
2450 Estero Boulevard is also on the list. Google Maps shows that address home to two trailers. One for a real estate agent. The other for Mom’s food truck. The listing on the state docket does not specify which trailer is in violation. It only lists the address.
Himmelstein Associates is also on the state agenda. It does not list an address, however, this is most likely the new furniture store Robert Himmelstein is building in front of the Sea Grape plaza which also has a few boxes being used to store materials as they build their store in the old bank building. There is also a food truck on the Himmelstein owned property in front of the plaza.
Two condo buildings are on the list; Winward Passage and Island Towers, most likely for storage boxes as they repair their buildings. And, the trust of Patricia Smith is the final listing. There are no details given for those three.
In November the town began to target property owners with shipping containers and conex boxes on them in response to correspondence it was receiving from FEMA all relating to the National Flood Insurance Program. A total of 53 properties made the town’s initial list. Many of those have since come into compliance. There are now under 15.
Those that choose to fight the code violation will go before the administrative judge in Tallahassee via Zoom with the first meeting scheduled for January 7th. On the other side of the table will be the town’s code enforcement office, asking that the boxes and containers be removed immediately. That meeting will be open to the public and we plan to carry it live on our Facebook page and YouTube channel. If the judge rules in the town’s favor, property owners can apparel the decision to the circuit court. If they lose the appeal and do not come into compliance the town can then start issuing fines.
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What about the town buildings and Beach Baptist? Again the town council picks some and leaves others. Seems like they’re begging for litigation.
The issue with construction containers is they made no effort to remove the or secure material during Milton and Helene. These material and containers damaged people already repaired or rebuilt homes. Which is completely unfair for those that have made repairs and now have to clean up and repair due to others negligence.
All they are doing is running the price up on construction and lowering the amount of construction bidders,
I find it funny that the Council targeting these violations sleeps well having ignored the building restrictions and approving the Seagate project. They are also not targeting themselves, likely because they can slide out of their trailer just in time to avoid legal proceedings. Things that make me go hmmmmm….
I suspect there is not a single night since Ian that any of them have slept well. They are trying very hard to do the right thing and make very hard decisions.
How will Seagate or any large construction project build without a construction trailer/office?
Great question
Too late to save those discounts and prevent that probation that’s created a huge risk for flood insurance and FEMA funds in the future.
Question is, why didn’t these council members see to it this was done two years ago and use their authority to remove those trailers and cleanup these properties instead of turning their heads and waging a no-win fight with FEMA?
Any petition for recall should focus on their negligence that caused higher flood insurance premiums and risk of losing it altogether.
We have already been put on suspension with FEMA. The city should’ve done this already to avoid the situation we are in. This isn’t about feelings and liking La Ola, etc. It’s about being insured for flood. I don’t care what has to be removed and by what date to get in compliance. The city better get it done! We would’ve been much better off in the control of Lee County as they would’ve made sure it was done. Same goes for rebuilding. We have two properties on the island – one we live in. And I am in favor of the rebuilding at Sea Gate, Neptune etc. You can’t see through an elevated one story to the beach just as much as a 17 story (that isn’t even on the beach side). And those houses whining next door would be shadowed by elevated 4 stories just as much. This council has been way too kind. Get the job done on every house, commercial building and trailer that is not ok with FEMA immediately! And get this island rebuilt!
Mom’s trailer is DEFINITELY the size for which “can” be pulled by a light duty truck and as such should NOT be the target for removal.
This is a very sad situation all the way around. I do understand FEMA’s concern about additional property damage caused by these containers moving around in a severe storm but I am not sure I understand why they have to be moved immediately. The hurricane season does not begin until June. Why not let these businesses continue to use their containers in the short term during the high season to help recoup their losses from the past hurricanes if they agree to have them removed by June? This would help the small businesses on the island and yet protect the community when and if the storms come our way in 2025.
my feelings exactly…what would it hurt to let them continue for a couple months at this point anyway…at least let them try to recoup some lost funds and for the people rebuilding….they have to live in their trailers to continue…where is the common sense in all of this…FEMA was NO HELP for me at all…I filled out all the paperwork did all the meetings…and still no help…council needs to get it together…no need to fine these people that are trying to bring people back to the beach…at least til July….give me a break…
It’s unfortunate not to allow storage trailers on a short term basis for properties under or involved with construction. You can’t leave tools and materials open to theft. Hauling stuff in and out daily is inefficient as well.
Exactly
Does La Ola have any rebuild plans yet? It appears Santini Plaza is looking for a restaurant tenant. Would love to have them there. Also confused why they get to go before a magistrate. If FEMA says they have to go don’t they have to go?
Pathetic. If your not on the buddy list or lining the pockets of these council members you become a target. Fort Myers Beach Strong my a$$. It’s Fort Myers Beach Town Council where’s my cash.
Another one with irresponsible speculation. Didn’t get the memo huh…
It’s been 2+ years. I can see why they want these trailers gone.
In some cases it took 1.5 years to get a suitable plan/permit/loan to start building. Like The Whale… they are storing materials!
Yes I agree. The trailers were to be a short term solution while the owners start to rebuild but it has been well over 2 years. A move date of June for businesses seems reasonable. Construction trailers should be under a different set of standards .
They are making a living and bringing people to the beach. They are in no way harming anyone. La Ola is thriving out of the containers and we have so much fun there. If they can get off the beach before a storm, they should not be forced to leave. Its all politics